(1) Before a person may store, sell, offer for sale, furnish, or allow the consumption of an
alcoholic product on its premises as a full-service restaurant, the person shall first obtain a
full-service restaurant license from the commission in accordance with this part.

(2) The commission may issue a full-service restaurant license to establish full-service
restaurant licensed premises at places and in numbers the commission considers proper for the
storage, sale, offer for sale, furnishing, and consumption of an alcoholic product on premises
operated as a full-service restaurant.

(a) The commission may not issue a total number of full-service restaurant licenses that
at any time exceeds the number determined by dividing the population of the state by 4,534.

(b) The commission may issue a seasonal full-service restaurant license in accordance
with Section 32B-5-206.

(c) (i) If the location, design, and construction of a hotel may require more than one
full-service restaurant sales location within the hotel to serve the public convenience, the
commission may authorize the sale, offer for sale, or furnishing of an alcoholic product at as
many as three full-service restaurant locations within the hotel under one full-service restaurant
license if:

(A) the hotel has a minimum of 150 guest rooms; and

(B) the locations under the full-service restaurant license are:

(I) within the same hotel; and

(II) on premises that are managed or operated, and owned or leased, by the full-service
restaurant licensee.

(ii) A facility other than a hotel shall have a separate full-service restaurant license for
each full-service restaurant where an alcoholic product is sold, offered for sale, or furnished.

(4) (a) Except as provided in Subsection (4)(b), the commission may not issue a
full-service restaurant license for premises that do not meet the proximity requirements of
Section 32B-1-202.

(b) With respect to the premises of a full-service restaurant license issued by the
commission that undergoes a change of ownership, the commission shall waive or vary the
proximity requirements of Subsection 32B-1-202(2) in considering whether to
issue a full-service restaurant license to the new owner of the premises if:

(i) when a full-service restaurant license was issued to a previous owner, the premises
met the proximity requirements of Subsection 32B-1-202(2);

(ii) the premises has had a full-service restaurant license at all times since the full-service
restaurant license described in Subsection (4)(b)(i) was issued without a variance; and

(iii) the community location was located within the proximity requirements of
Subsection 32B-1-202(2) after the day on which the full-service restaurant license
described in Subsection (4)(b)(i) was issued.